Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Autopsy of dead body was conducted after almost nine hours of death of the deceased---One of the prosecution witnesses, was real brother of the deceased, while other one was his daughter---Past history and alleged motive qua accused persons, their implication as a result of suspicion, guesswork or information provided by others, could not be ruled out---Deceased before his death, was carrying with him a .12 caliber repeater gun; he could not find a chance to use that gun in a situation, where it was most urgently needed; none of the assailants was shown as carrying fire-arm---Occurrence did not take place in a manner as alleged by the complainant---Motive for the crime was a criminal case between the parties in progress for last two years---Violence inflicted upon the deceased, did not commensurate with the grudge that accused persons would have possibly harboured in that background---Various aspects of the prosecution case, cast a dark shadow of doubt on the prosecution case---Conviction of accused persons was not safe in circumstances, they were acquitted from the charge extending them benefits of doubt and ordered to be released forthwith. Muhammad Ramzan alias Botta v. The State PLD 1999 Lah. 221 ref. THIS JUDGMENT DELIVERED BY: QAZI MUHAMMAD AMIN AHMED, JUSTICE:---.--- Insaf Ali, aged 45, hereinafter referred to as the deceased, riding a bicycle was on way to attend a Court hearing at Wazirabad on 13-5-2010; at about 7:00 a.m. when he reached near Dera of Muhammad Siddique Cheema, his bike was hit by Saifullah and Shoukat Ali, accused riding a motorcycle; as a consequence, he felled on the ground; Farhan alias Soni, Liaqat Ali, Rafaqat Ali, Zahid Mehmood, Iqbal alias Balu, armed with hatchets and iron rods, already ambushed, emerged all of a sudden. Shoukat Ali raised Lalkara and immediately thereafter he dealt a hatchet blow landing on the right side of head of the deceased followed by a blow by Saifullah on left side of head; Farhan Ali hit the deceased, with hatchet, on the right leg whereafter all the assailants dealt…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492